2015 Eleventh Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1896
Date: December 31, 2015
Docket Number: 15-12356
Date: December 30, 2015
Docket Numbers: 13-11537, 11-15012
Justia Opinion Summary: Defendants Nelson and Snow appealed their sentences imposed under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), after they each pleaded guilty to being a felon in possession of a firearm. Both defendants…
Date: December 30, 2015
Docket Numbers: 14-13724, 14-13725
Justia Opinion Summary: Plaintiffs filed a purported class action challenging their insurer's interpretation of Fla. Stat. 627.736(1)(a)(3)–(4). In consolidated appeals, plaintiffs presented the issue of what the Florida Motor Vehicle No-Fault…
Date: December 30, 2015
Docket Number: 14-14363
Justia Opinion Summary: Petitioner appealed the district court's dismissal of his 28 U.S.C. 2255 motion as untimely. The court concluded that, because petitioner did not satisfy the requirements of Rule 3(d) of the Rules Governing Section 2255…
Date: December 30, 2015
Docket Number: 15-10553
Date: December 29, 2015
Docket Number: 14-13928
Date: December 29, 2015
Docket Number: 14-15354
Justia Opinion Summary: After the City barred plaintiff from opening a tattoo establishment in the City's designated historic district, plaintiff filed suit contending that the act of tattooing is entitled to First Amendment protection and that…
Date: December 29, 2015
Docket Number: 15-10939
Date: December 29, 2015
Docket Number: 15-12138
Date: December 29, 2015
Docket Number: 15-12262
Date: December 28, 2015
Docket Number: 13-15208
Date: December 28, 2015
Docket Number: 14-14432
Date: December 28, 2015
Docket Number: 14-15196
Date: December 28, 2015
Docket Number: 15-11214
Date: December 23, 2015
Docket Number: 14-12115
Justia Opinion Summary: The Tribe appealed from two orders and a final judgment in a fraud-and-embezzlement-related RICO suit against former tribal officials, several attorneys, a law firm, and Morgan Stanley. In this case, the undisputed…
Date: December 23, 2015
Docket Number: 15-10702
Date: December 23, 2015
Docket Number: 15-12126
Date: December 22, 2015
Docket Number: 14-11238
Date: December 22, 2015
Docket Number: 14-13767
Justia Opinion Summary: Defendant appealed the denial of his motion for a judgment of acquittal on his conviction for fraud and misuse of a visa, in violation of 18 U.S.C. 1546(a). At issue is the meaning of the phrase “procured by means of,”…
Date: December 22, 2015
Docket Number: 15-11265
Date: December 21, 2015
Docket Number: 14-15526
Date: December 18, 2015
Docket Number: 14-13197
Justia Opinion Summary: Plaintiff filed suit against his former employer, MetLife, alleging claims of age discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 623(a)(1), as well as a retirement benefits interference…
Date: December 17, 2015
Docket Number: 14-14685
Justia Opinion Summary: This case stems from claims arising out of a dispute over the limited assets that remain from a tilapia farm investment in Nicaragua. Nica, the debtor in the underlying bankruptcy, held stock in Nicanor, the Nicaraguan…
Date: December 17, 2015
Docket Number: 15-11786
Date: December 17, 2015
Docket Number: 15-11817
Date: December 17, 2015
Docket Number: 15-13764
Date: December 16, 2015
Docket Number: 13-15309
Justia Opinion Summary: Defendant appealed the district court's grant of an injunction requiring defendant to transfer to defendant four domain names he had registered in his own name and grant of plaintiff's motion for summary judgment on…
Date: December 15, 2015
Docket Number: 14-15123
Date: December 15, 2015
Docket Number: 15-12625
Justia Opinion Summary: Plaintiff appealed the denial of her application for disability insurance benefits, contending in part that the district court should have remanded the case to the Commissioner for further proceedings to consider new…
Date: December 15, 2015
Docket Number: 15-13320
Date: December 14, 2015
Docket Number: 12-14009
Date: December 14, 2015
Docket Number: 14-12762
Date: December 14, 2015
Docket Number: 15-10445
Date: December 11, 2015
Docket Number: 13-14843
Justia Opinion Summary: Defendant, employed as an undercover confidential information (CI) for the DEA, was convicted of conspiracy to distribute five kilograms or more of cocaine with knowledge that it would be imported into the United States.…
Date: December 11, 2015
Docket Number: 14-15217
Date: December 11, 2015
Docket Numbers: 15-11541, 15-11812
Date: December 10, 2015
Docket Number: 14-14013
Date: December 10, 2015
Docket Number: 15-10500
Date: December 9, 2015
Docket Number: 14-13027
Date: December 9, 2015
Docket Number: 15-11540
Date: December 8, 2015
Docket Number: 14-15744
Justia Opinion Summary: The company appealed the district court's order compelling arbitration of a dispute between the Company and the Union in June 2012 and the district court's enforcement of the resulting arbitration award in favor of the…
Date: December 8, 2015
Docket Number: 15-10246
Justia Opinion Summary: Key TV, a local over-the-air broadcaster, filed suit against Comcast, owner and operator of a cable television system serving the same area, alleging that it was unlawfully overcharged for the right to broadcast its…
Date: December 8, 2015
Docket Number: 15-10850
Date: December 8, 2015
Docket Number: 15-11668
Date: December 8, 2015
Docket Number: 15-15427
Justia Opinion Summary: Plaintiff moved for a stay of execution. The court concluded that the district court did not abuse its discretion in denying the motion where, given the Supreme Court's decision in Glossip v. Gross and this court's own…
Date: December 7, 2015
Docket Number: 14-12279
Date: December 7, 2015
Docket Number: 14-14343
Date: December 7, 2015
Docket Number: 15-11890
Date: December 4, 2015
Docket Number: 15-10222
Date: December 3, 2015
Docket Number: 14-15375
Date: December 3, 2015
Docket Number: 15-11887
Date: December 2, 2015
Docket Number: 10-10584
Date: December 2, 2015
Docket Number: 14-11956
Date: December 2, 2015
Docket Numbers: 14-12361, 15-10046
Date: December 2, 2015
Docket Numbers: 15-10456, 16-17401
Date: December 2, 2015
Docket Number: 15-10722
Date: December 1, 2015
Docket Numbers: 14-12143, 14-12075
Justia Opinion Summary: Defendants plead guilty for production of child pornography charges and subsequently appealed the denial of their motion to suppress evidence. Defendants mistakenly left their smart phone at a Walmart store where an…
Date: December 1, 2015
Docket Number: 14-14509
Date: December 1, 2015
Docket Number: 15-10413
Justia Opinion Summary: Plaintiff appealed the denial of his application for disability insurance benefits and supplemental security income. The court held that the Appeals Council committed legal error when it failed to consider materials from…
Date: December 1, 2015
Docket Number: 15-10459
Date: November 30, 2015
Docket Numbers: 14-13302, 17-15781
Date: November 30, 2015
Docket Number: 14-13508
Justia Opinion Summary: Petitioners filed petitions with the EPA seeking to withdraw Alabama's authorization to administer the National Pollutant Discharge Elimination System (NPDES), as part of the Clean Water Act, 33 U.S.C. 1251 et seq. On…
Date: November 30, 2015
Docket Number: 14-15174
Date: November 30, 2015
Docket Number: 15-10602
Justia Opinion Summary: Plaintiff filed suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 623(a)(2), alleging that RJ Reynolds discriminated against him on the basis of his age when it rejected his application for…
Date: November 23, 2015
Docket Numbers: 14-13542, 15-10967
Date: November 23, 2015
Docket Number: 15-10778
Justia Opinion Summary: Plaintiff filed suit alleging that the School Board violated his constitutional right to free speech when three of its schools removed banners for plaintiff's tutoring business from their fences. The schools removed the…
Date: November 23, 2015
Docket Number: 15-11343
Date: November 23, 2015
Docket Number: 15-11535
Date: November 20, 2015
Docket Number: 14-11502
Justia Opinion Summary: Defendant, convicted of being a felon in possession of a firearm, appealed his sentence after the district court applied certain enhancements under the Armed Career Criminal Act, 18 U.S.C. 924(e). The court concluded…
Date: November 20, 2015
Docket Number: 15-13013
Date: November 19, 2015
Docket Number: 14-14875
Date: November 19, 2015
Docket Number: 15-15173
Justia Opinion Summary: Petitioner, an inmate on death row, petitioned for a writ of habeas corpus under 28 U.S.C. 2241. On appeal, petitioner challenged the district court's order dismissing his petition for lack of jurisdiction. The court…
Date: November 18, 2015
Docket Number: 14-11035
Date: November 18, 2015
Docket Number: 14-13837
Justia Opinion Summary: Plaintiffs filed suit against 21st Century, alleging that the insurance company acted in bad faith towards its insured. The district court granted judgment in favor of 21st Century. The court held that an insurer owes no…
Date: November 17, 2015
Docket Number: 13-11123
Date: November 17, 2015
Docket Number: 14-15341
Date: November 17, 2015
Docket Number: 15-11884
Date: November 17, 2015
Docket Number: 15-12410
Date: November 16, 2015
Docket Number: 13-11825
Justia Opinion Summary: Petitioner appealed the district court's denial of habeas corpus, arguing that he is ineligible for the death penalty under the Eighth Amendment and Atkins v. Virginia because he is intellectually disabled. The court…
Date: November 16, 2015
Docket Number: 14-15220
Date: November 13, 2015
Docket Number: 15-10289
Date: November 12, 2015
Docket Number: 13-12275
Date: November 12, 2015
Docket Number: 14-14607
Date: November 12, 2015
Docket Number: 14-15341
Date: November 12, 2015
Docket Number: 15-11378
Date: November 10, 2015
Docket Number: 14-10105
Date: November 10, 2015
Docket Number: 14-13287
Justia Opinion Summary: Over 25 years ago, a representative of a class of homeless persons, filed a lawsuit against the City of Miami under 42 U.S.C. 1983. The parties subsequently entered into a settlement agreement. In this appeal, plaintiff,…
Date: November 10, 2015
Docket Number: 14-13703
Justia Opinion Summary: Defendant appealed his convictions and sentence for one count of conspiracy to dispense controlled substances, 49 counts of unlawful dispensation of controlled substances, and one count of conspiracy to launder monetary…
Date: November 10, 2015
Docket Number: 14-14940
Date: November 10, 2015
Docket Number: 15-10865
Date: November 6, 2015
Docket Number: 14-13202
Date: November 6, 2015
Docket Number: 15-11438
Date: November 6, 2015
Docket Number: 15-11889
Justia Opinion Summary: Plaintiffs filed suit against Defendants Fabec and Lalo Scrolling Media for breach of contract, conversion, unjust enrichment, and related claims. On appeal, defendants challenged the district court's grant of default…
Date: November 5, 2015
Docket Number: 09-13596
Date: November 5, 2015
Docket Number: 15-10623
Date: November 4, 2015
Docket Number: 14-14426
Justia Opinion Summary: Plaintiffs filed suit challenging the facial validity of Florida's no-surcharge law under the First Amendment. Florida makes it a second-degree misdemeanor for “[a] sellor or lessor in a sales or lease transaction” to…
Date: November 3, 2015
Docket Number: 13-14540
Justia Opinion Summary: Defendant, the CFO of Inno Vida, was convicted of two counts of conspiracy to commit wire fraud, one count of conspiracy to engage in financial transactions with criminally derived property, three counts of wire fraud,…
Date: November 3, 2015
Docket Number: 15-12603
Justia Opinion Summary: Petitioner, a Florida death row inmate, appealed the denial of his petition for writ of habeas corpus under 28 U.S.C. 2254. Petitioner broke into a home and killed four people. A friend of the victims witnessed the…
Date: October 30, 2015
Docket Number: 15-10347
Date: October 30, 2015
Docket Number: 15-11442
Date: October 29, 2015
Docket Number: 14-14149
Justia Opinion Summary: Plaintiffs, five university employees, filed suit claiming that their grievance alleging mismanagement by their supervisor which preceded their termination is entitled to First Amendment protection. Plaintiffs claimed…
Date: October 29, 2015
Docket Number: 14-14424
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against defendant in his individual capacity, alleging excessive force in violation of the Fourth Amendment. Defendant, a deputy with the sheriff's office, was providing back-up…
Date: October 28, 2015
Docket Number: 14-10160
Justia Opinion Summary: Defendant, the Sheriff of Brooks County, appealed his convictions for federal-program embezzlement and for obstructing justice by hindering the communication of information about a potential federal offense to federal…
Date: October 28, 2015
Docket Numbers: 14-12047, 16-16789
Date: October 28, 2015
Docket Number: 14-12082
Justia Opinion Summary: Plaintiff filed suit alleging that CashCall and Western Sky’s business practices exploit tribal sovereign immunity and illicitly avoid federal and state regulations. The district court denied CashCall's motion to compel…
Date: October 28, 2015
Docket Numbers: 15-10711, 16-10849, 16-11839
Date: October 27, 2015
Docket Number: 15-11206
Date: October 23, 2015
Docket Numbers: 13-14144, 16-17358, 17-13429, 20-14732
Date: October 23, 2015
Docket Number: 14-10581
Justia Opinion Summary: Petitioner, convicted of two counts of sexual battery on a child, appealed the district court's dismissal of his petition for a writ of habeas corpus as untimely. The court affirmed the judgment, concluding that because…
Date: October 22, 2015
Docket Number: 15-10877
Date: October 19, 2015
Docket Number: 15-11202
Justia Opinion Summary: The government moved the district court for entry of a forfeiture money judgment of $117,659 after defendant pled guilty to theft of government funds. The forfeiture money judgment was in the amount of loss sustained by…
Date: October 16, 2015
Docket Number: 14-11498
Justia Opinion Summary: After plaintiff was terminated from his position as head football coach, plaintiff filed suit against the School District under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq., and related federal laws,…
Date: October 15, 2015
Docket Number: 12-14212
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, claiming that Florida law denies due process because it permits the State to keep intellectually disabled people like him involuntarily committed indefinitely without periodic…
Date: October 15, 2015
Docket Number: 14-14251
Justia Opinion Summary: This appeal stems from an intellectual property dispute between two religious organizations. Plaintiff filed suit alleging that defendant is infringing its registered service marks in violation of the Lanham Act, 15…
Date: October 15, 2015
Docket Number: 15-12129
Date: October 14, 2015
Docket Numbers: 13-10281, 13-10382, 13-10283
Justia Opinion Summary: AEA, a public-sector union, and related parties filed suit under 28 U.S.C. 1983 challenging the constitutionality of Alabama Act No. 2010-761, Ala. Code 17-17-5. Act 761 “prohibit[s] a state or local government employee…
Date: October 13, 2015
Docket Number: 14-14067
Justia Opinion Summary: Plaintiffs filed suit challenging the Notices of Final Partnership Administrative Adjustment (FPAAs) the IRS issued disallowing all items they claimed on their partnership returns on the ground that partnerships…
Date: October 13, 2015
Docket Number: 14-15033
Justia Opinion Summary: Allied suspended and discharged two of the employees who supported the campaign to elect the union after Allied employees elected the union to represent them. The Board found that Allied illegally interfered with its…
Date: October 9, 2015
Docket Number: 13-12776
Justia Opinion Summary: Defendant was convicted of misprision of a felony, in violation of 18 U.S.C. 4, as a result of her actions during and following a traffic stop. The jury found that defendant knew about a federal felony (her…
Date: October 9, 2015
Docket Number: 14-11576
Justia Opinion Summary: Efraim Diveroli, an international arms dealer, won a $298 million contract with the United States Army to provide ammunition to Afghanistan. The contract prohibited Diveroli’s company, AEY, from acquiring ammunition from…
Date: October 9, 2015
Docket Number: 14-15046
Justia Opinion Summary: Cartoon Network provides a free mobile application for smartphones called the CN app. After plaintiff downloaded the free app, the Cartoon Network kept records of the videos he watched and shared those records with Bango…
Date: October 8, 2015
Docket Number: 14-10935
Date: October 8, 2015
Docket Number: 15-10033
Date: October 7, 2015
Docket Number: 14-13177
Justia Opinion Summary: Defendant appealed his 97 month sentence and lifetime supervised release after he pled guilty to possession of child pornography. The court concluded that the district court accurately calculated the Sentencing…
Date: October 7, 2015
Docket Number: 15-10033
Date: October 7, 2015
Docket Number: 15-10536
Justia Opinion Summary: The Union filed a grievance against Verizon under the collective bargaining agreement (CBA), after Verizon eliminated communications technician positions. At issue on appeal was whether the arbitrator exceeded his power…
Date: October 7, 2015
Docket Number: 15-11493
Date: October 6, 2015
Docket Number: 14-13492
Date: October 6, 2015
Docket Number: 14-15816
Date: October 6, 2015
Docket Numbers: 15-10082, 15-10564
Date: October 5, 2015
Docket Number: 14-13587
Justia Opinion Summary: Defendant pled guilty to conspiracy to commit wire and bank fraud after he and his associates conspired to defraud lending institutions out of more than $7 million by submitting fraudulent loan applications. At issue was…
Date: October 5, 2015
Docket Number: 14-13874
Justia Opinion Summary: Defendant appealed his sentence for armed bank robbery. The court concluded that the district court properly enhanced defendant’s sentence under U.S.S.G. 2B3.1(b)(2)(B) for having “otherwise used” a firearm. The court…
Date: October 5, 2015
Docket Number: 14-15233
Date: October 5, 2015
Docket Number: 15-11381
Justia Opinion Summary: Plaintiff appealed the denial of his application for disability insurance benefits and supplementary security income, arguing that the ALJ erred in refusing to give proper weight to the opinion of a consultative…
Date: September 30, 2015
Docket Number: 14-10211
Justia Opinion Summary: Appellant Tony Denson, a pro se federal prisoner, appealed the district court’s denial of his 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence. The district court granted a certificate of appealability…
Date: September 30, 2015
Docket Number: 14-11019
Justia Opinion Summary: In 2006, Nivis Martin and her ex-husband participated in a scheme in which the pair lied on a series of mortgage applications relating to property they held in Florida. After a trial by jury, Martin was convicted of…
Date: September 30, 2015
Docket Number: 14-14838
Justia Opinion Summary: At issue in this appeal was an attachment of property made pursuant to Supplemental Admiralty Rule B. This appeal had a complicated background, involving multiple lawsuits in federal district courts, Florida state court,…
Date: September 30, 2015
Docket Number: 14-15064
Justia Opinion Summary: Defendant Jacques Maddox appealed his 78-month sentence, which was imposed after a jury convicted him of aiding and abetting an attempted armed robbery of a Walgreens drug store in 2013. That jury, however, also…
Date: September 29, 2015
Docket Number: 12-16188
Justia Opinion Summary: The court certified a question to the Alabama Supreme Court and the Alabama Supreme Court subsequently declined to answer the certified question. After reconsideration of the facts and law in this case, the court found…
Date: September 29, 2015
Docket Number: 15-10194
Date: September 29, 2015
Docket Number: 15-14335
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 seeking to prevent the State of Georgia from executing her, claiming that the execution will violate the Cruel and Unusual Punishment Clause of the Eighth Amendment for a number…
Date: September 28, 2015
Docket Number: 14-15276
Date: September 25, 2015
Docket Number: 15-11289
Date: September 24, 2015
Docket Number: 14-10061
Justia Opinion Summary: Defendant, Commissioner of the City of Margate, Florida, was acquitted of one count, and convicted of two counts, of bribery in programs receiving federal funds, in violation of 18 U.S.C. 666(a)(1)(B) and (2). The court…
Date: September 24, 2015
Docket Number: 14-14643
Date: September 23, 2015
Docket Number: 13-15117
Justia Opinion Summary: Plaintiff appealed the dismissal of his 42 U.S.C. 1983 suit, alleging claims related to a beating by prison staff, for which he was denied medical treatment. The district court dismissed the suit for failure to exhaust…
Date: September 23, 2015
Docket Number: 13-15851
Justia Opinion Summary: Plaintiff, a deputy sheriff, filed suit against CCG and its sheriff under 42 U.S.C. 1983, alleging that, upon taking office after winning his election, the sheriff transferred her to a less prestigious position with much…
Date: September 22, 2015
Docket Number: 14-14698
Date: September 22, 2015
Docket Number: 14-15114
Date: September 22, 2015
Docket Number: 14-15297
Date: September 21, 2015
Docket Number: 14-10396
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession and subsequently challenged the denial of his motion to suppress the firearm and the calculation of his sentence. This appeal presents an issue of first impression:…
Date: September 21, 2015
Docket Number: 14-10667
Date: September 21, 2015
Docket Number: 14-11401
Date: September 21, 2015
Docket Number: 14-13772
Justia Opinion Summary: Petitioner, convicted of trafficking cocaine and serving a thirty-year sentence, appealed the denial of his petition for habeas corpus under 28 U.S.C. 2254, alleging that his trial counsel was ineffective for failing to…
Date: September 21, 2015
Docket Number: 15-10003
Date: September 21, 2015
Docket Number: 15-10113
Date: September 18, 2015
Docket Numbers: 14-13405, 14-13414
Date: September 18, 2015
Docket Number: 97-2319
Justia Opinion Summary: Petitioner's attorney did not call any witnesses or present any evidence during the penalty phase of his trial, in mitigation or otherwise. Counsel's strategy was to present petitioner’s case solely via his closing…
Date: September 17, 2015
Docket Number: 14-10370
Date: September 17, 2015
Docket Number: 14-13227
Date: September 17, 2015
Docket Number: 14-14525
Justia Opinion Summary: Plaintiff filed suit against defendant, alleging copyright infringement claims under 17 U.S.C. 501. Plaintiff holds the copyright to a candid photograph of himself which he considers unflattering and embarrassing.…
Date: September 17, 2015
Docket Number: 15-11088
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